Kristofer Garcia v. State

• Court: Court of Appeals of Texas
• Decided: February 22, 2017
• Docket: 09-16-00494-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00494-CR ________________

KRISTOFER GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 15-22134 __________________________________________________________________

MEMORANDUM OPINION

On December 21, 2016, Kristofer Garcia filed notice of appeal of his

conviction in Trial Cause No. 15-22134. The trial court granted a motion for new

trial while it maintained plenary power over the case. See Tex. R. App. P. 21.8(a).

On January 17, 2017, we notified the parties that unless our jurisdiction over the

appeal was established, the appeal would be dismissed for lack of jurisdiction. No

reply has been filed.

1 The notice of appeal invoked the Court’s appellate jurisdiction to review a

judgment of conviction that has been vacated. The Court finds it lacks jurisdiction

over the appeal. Accordingly, we dismiss the appeal. The State of Texas filed a

motion to have the mandate issue immediately, and Garcia’s counsel has indicated

that he does not object. Therefore, the motion to issue the mandate early is granted,

and we direct the clerk of the Court of Appeals to issue the mandate immediately.

See Tex. R. App. P. 18.1(c).

APPEAL DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on February 21, 2017 Opinion Delivered February 22, 2017 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.